2024-04-02 07:03
Following the breakdown of a marriage, separated or divorced parties must agree on how to divide their joint assets. As the division of property and finances is not included in a divorce ord… Read More
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Etherington Solicitors: Family Lawyers In Sydney Blog
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Etheringtons Solicitors is a North Sydney Law Firm advising in family law, litigation, defamation, business law & more. Call 02-9963-9800 for inquiries.
2024-04-02 06:59
Following the breakdown of a marriage, separated or divorced parties must agree on how to divide their joint assets. As the division of property and finances is not included in a divorce ord… Read More
2024-03-15 07:23
Unfortunately, in the wake of a loved one’s passing, the time for mourning is shared with the complicated process of finalising their estate. This process can cause tensions to arise b… Read More
2024-02-21 00:40
What is a grant of probate? A grant of probate is a legal document issued by the Supreme Court that validates a recently deceased person’s Will. The document certifies that the testato… Read More
2024-02-06 09:44
A research paper published by the Australian Government Productivity Commission (‘AGPC’) reveals how the rise in employees working from home (‘WFH’) has resulted in a… Read More
2024-02-03 09:53
There are a variety of structures a business can operate under. These structures include sole trader, partnership, company and trust. A business’s structure is dependent on its growth… Read More
2023-12-06 06:58
In a ground-breaking legal development, Brian Hood – the mayor of Hepburn Shire in Victoria – declared that he is preparing to file the world’s first defamation lawsuit aga… Read More
2023-08-30 00:32
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) appoints a person, or persons, to make legal and financial decisions on your behalf once you have lost the mental… Read More
2023-07-28 04:53
A property easement grants the right to owners of certain lots to use part of someone else’s land for a specific purpose, without awarding possession. Without an easement an individual… Read More
2023-07-28 04:41
In 2021, there were 56,244 divorces granted in Australia – the highest number of divorces recorded since 1976. With this apparent increase in separations, it is important to prepa… Read More
2023-04-13 03:35
On 28 March 2023, the Federal Court ruled in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 that employers must notify employees that they &ldquo&hell…Read More
2022-12-16 03:12
The rate of young first home buyers has declined in New South Wales as buyers take more time to save funds for transfer duties (also known as stamp duty). Despite this, the Australian Bureau… Read More
2022-07-29 19:22
Wills and estates can be a confusing topic for many people. However, it is crucial to understand what a will is, how it works, and why you should have one. In this blog article, we cover the… Read More
2022-07-28 22:46
What is copyright? Copyright is the exclusive right of owners to protect certain creative works from being copied or reproduced by others, without permission. What types of work does copyrig… Read More
2022-07-28 02:30
When couples separate, a property settlement is one way of determining who owns what assets. This can be straightforward when the assets are clearly defined – such as a house, car, or… Read More
2022-07-26 23:27
Around 40% of Australians do not have a will, with the majority of that group citing procrastination as the main reason for not having made a will. But when unexpected events occur, a valid… Read More
2022-07-25 04:53
Superannuation benefits are not automatically assets that fall within the estate of a person after their death. Without additional and proper written directions, what happens to a person&rsq&hell…Read More
2022-07-23 22:50
If you have obtained a judgment against someone who owes you money (called a “debtor”), you can sometimes run into trouble enforcing that judgment if the debtor applies for an in… Read More
2022-07-22 02:16
Musical Copyright in the US In 2016 a Los Angeles Court handed down a decision that the rock n’ roll band Led Zeppelin did not breach copyright in their 1971 song ‘Stairway to He… Read More
2022-07-06 08:40
The Independent Construction Industry Rating Tool (iCIRT) was launched by the NSW Government in late 2020 to tighten building regulations and inspections. This strategy aims to rebuild publi… Read More
2022-07-03 08:56
The 2020 bushfires across Australia had devastating effects on the lives of so many Australians. Many lost homes, treasured possessions or most terribly, a family member or friend. In the af… Read More
2022-06-18 00:45
A survey report is commonly requested during conveyancing. It shows any recent improvements on a parcel of land, the boundaries of the property, and the dimensions of the property (including… Read More
2022-06-11 23:00
The Legal Implications of Partner Separation When a relationship breaks down, there are significant legal implications to consider. The legal consequences of a partner separation differ from… Read More
2022-06-10 09:25
Like the breakdown of a marriage, the breakdown of a de facto relationship may require court involvement to settle financial and/or parenting disputes. This is a prominent concern considerin… Read More
2022-06-09 23:00
Following the breakdown of a marriage or de facto relationship, separated parties must consider how to divide joint property. It is crucial to understand each party’s ability to claim… Read More
2022-05-31 23:00
If you have been involved in family law matters, then you may be familiar with the section 75(2) factors. This section of the Family Law Act relates to adjusting a property settlement based… Read More
2022-05-30 07:50
It is vital for a director to continually monitor and assess the solvency of their company. Failure to do so may lead to insolvency and potential bankruptcy. This article will offer guidance… Read More
2022-05-18 02:04
Australia’s national workplace tribunal, the Fair Work Commission (FWC), has upheld the dismissal of unvaccinated employees for failing to comply with relevant public health orders (va… Read More
2022-05-02 04:20
Ongoing structural shifts within the workforce have exacerbated the importance of a clear distinction between employees and independent contractors. Flexible working-from-home arrangements a… Read More
2022-05-02 03:57
A Notary Public and Justice of the Peace are both individuals who offer services in order to verify identity and authenticate true copies of documents. To ensure that you are receiving the m… Read More
2022-04-08 07:09
In this article, we identify the liabilities involved in the voluntary assumption of risk and how to avoid breaching duty of care. In March 2010, a security guard sued his employer and the o… Read More
2022-04-08 06:57
The expectation to maintain professionalism as an employee is a crucial responsibility. In the age of social media, the need to act in accordance with company policies and preserve company r… Read More
2022-02-06 23:55
Many businesses choose to include a geographical place in their business name. Using a suburb or location communicates to customers where a business is located or from where their products o… Read More
2022-02-06 23:37
In December 2021, the Australian Securities and Investments Commission (ASIC) launched civil proceedings against a former ANZ subsidiary, superannuation trustee OnePath. The allegations leve… Read More
2022-02-03 22:10
The digital landscape of cryptocurrency has drastically evolved with the emergence of NFTs. In 2021, businessman Sina Estavi purchased Twitter founder Jack Dorsey’s first-ever tweet fo… Read More
2021-12-17 07:48
Purchasing commercial properties can be a valuable investment but there are numerous important decisions which need to be made to determine how profitable that investment will be. One of the… Read More
2021-12-02 23:30
Privacy and confidentiality are two separate concepts that protect different types of information. ‘Privacy’ is used in relation to information that is protected under law (norma… Read More
2021-12-01 23:30
As of July 2021, reforms under the Design and Building Practitioners Act 2020 (NSW) and the Design and Building Practitioners Regulation 2021 (NSW) have come into effect to provide greater r… Read More
2021-11-30 23:30
Terminating a building contract enables parties to discontinue from fully performing all of their contractual obligations. The terms for termination are dependent on the contract terms, ther… Read More
2021-11-23 02:14
The Australian Information Commissioner and Privacy Commissioner has found that Uber failed to protect the personal data of Australians following a cyber-attack in 2016. It was found that Ub… Read More
2021-11-23 02:03
On the 23rd of July 2021, the Federal Court ordered Lorna Jane Pty Ltd to pay $5 million in fines for making false and misleading claims to consumers in relation to its “LJ Shield Acti… Read More
2021-11-23 01:04
Single parent families now represent 14% of all Australian families, with a majority of their children being under the age of 18. Being a single parent can be difficult financially, therefor… Read More
2021-11-11 23:28
The High Court of Australia had recently reversed the decision to grant casual workers the right to be paid leave entitlements. Dismissing these payments would force workers to be ineligible… Read More
2021-11-11 23:16
Some businesses choose to pay their employees cash in hand wages rather than transferring them to a nominated bank account. Whilst this method is generally believed to be illegal, that is no… Read More
2021-11-11 22:53
With the enactment of the new laws, all current company Directors and anyone who wishes to become one, will be required to obtain a unique Director identification (Director ID) number. This… Read More
2021-10-04 21:53
The Registrar General of New South Wales (NSW) has declared that from 11 October 2021 (‘Cessation Day’), there will be no more paper certificates of title (“CT”) in t… Read More
2021-10-03 21:55
Scarlett Johansson sues Walt Disney Co. for damages for intentional interference in her contract with Marvel Studios Scarlett Johansson recently filed a law suit against Walt Disney Co. (Dis… Read More
2021-09-30 22:38
Conveyancing is the process of transferring the legal title of property from one party to another, allowing the purchaser to be notified of any covenants (restrictions or rights) in advance… Read More
2021-09-27 01:31
The Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 (“the Bill”) was passed by Federal Parliament on 10 August 2021 and became effective from 14 August 2021. The Bill ame… Read More
2021-09-16 03:57
The Commonwealth Government introduced a scheme to support eligible single-parent families to enter the housing market that came into operation on 1 July 2021. Known as the Family Home Guara… Read More
2021-09-16 03:46
In February of 2021, Parliament passed the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments an… Read More
2021-09-08 06:16
Makaroff v Nepean Blue Mountains Local Health District [2021] NSWCA 107 A former patient has recently succeeded in a medical negligence action against the Nepean District Hospital (“th… Read More
2021-08-21 09:30
The Fair Work Commission recently handed down an interesting finding on the issue of dishonesty in the workplace as grounds for dismissal. Whilst the Commission had previously held that dish… Read More
2021-08-21 06:18
Discussing salaries and remuneration is often a controversial and clandestine topic in the office. However, there has been a recent push towards greater pay transparency to allow for a more… Read More
2021-08-20 05:05
Defamation cases in Australia are notoriously hard to run. The main consideration in assessing a claim for defamation is whether there is a monetary loss suffered by the defamed party.  &hell…Read More
2021-08-19 05:44
The New South Wales government has introduced new commercial and retail leasing laws that affect tenancies during the current lockdown. The Retail and Other Leases Commercial (COVID-19) Regu… Read More
2021-08-19 04:09
Intellectual property refers to the intangible assets which constitute proprietary knowledge in the form of patents, trade marks, designs, confidential information and more. Intellectual pro… Read More
2021-08-18 03:50
The internet remains as one of the most indispensable marketing tools for businesses, and a domain name is a valuable intellectual property. However, its convenience can often cause it to be… Read More
2021-08-14 02:54
Family Law disputes can often be incredibly time consuming and place significant financial and emotional burdens on all the parties who are involved. These burden are exacerbated by the dela… Read More
2021-08-14 02:40
Under the Family Law Act 1975 (Cth), when a relationship ends, a party has an obligation to financially assist their former partner if that person is unable to adequately support themselves… Read More
2021-08-12 22:50
In March of this year, the government passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill which made significant changes to the Fair Work Act 2009 (… Read More
2021-08-10 22:51
It is important to consider how an Apprehended Violence Order (AVO) may affect Parenting orders. Parenting orders set out the specific parenting arrangements for children which can include h… Read More
2021-07-22 04:12
Many people enjoy the adrenaline rush from extreme sports and thrill seeking activities. However it is essential before you take the plunge, metaphorically or literally, that you understand… Read More
2021-07-22 03:24
As NSW and other parts of Australia are plunged into another stay-at-home period due to the Covid-19 outbreak, businesses are once again likely to be feeling the pinch. Whilst many are able… Read More
2021-07-19 10:11
The current COVID-19 lockdown has caused many familial disruptions, particularly given students across Greater Sydney, having been on school holidays, are likely to be remaining at home for… Read More
2021-07-16 07:31
The term ‘parent’ has expanded beyond merely describing a person who is the biological mother and father to a child, which has created legal difficulties in determining who has p… Read More
2021-07-16 07:18
The adoption of Bitcoin and other digital assets or cryptocurrency in individuals’ asset portfolios is the new normal in this day and age. However, the legal treatment of digital asset… Read More
2021-07-14 08:17
In hostile property settlements, one partner may seek to dispose of property or other assets to prevent them from being included in the asset pool and distributed. This only adds to the exis… Read More
2021-07-13 06:10
COVID-19 Restrictions (as of July 13, 2021) Restrictions on movement for people in Greater Sydney, the Blue Mountains, Central Coast and Wollongong have been extended until 11:59pm on Friday… Read More
2021-07-09 11:00
In light of the most recent COVID-19 outbreak in Sydney, there is widespread discourse surrounding the vaccine rollout in Australia. Whilst the COVID-19 vaccination is currently voluntary, t… Read More
2021-07-07 04:16
The recent separation of technology mogul, Bill Gates, and his former wife, Melinda Gates, after 27 years of marriage, highlights the increasing trend of ‘grey divorce’ cases. Th… Read More
2021-07-06 02:12
A fundamental component of a financial or business investment is risk. Adopting risk can reward the investor with higher returns, but at other times, it may result in a significant loss or w… Read More
2021-07-06 02:04
When children are involved in a separation or divorce, a court may make parenting orders in relation to time each parent spends with their child. These orders are made when the parents have… Read More
2021-07-02 07:25
Trade marks on the Grill The famous Australian burger chain known as Grill’d released a contentious advertising campaign to promote its healthy fried chicken (“HFC”) burger… Read More
2021-06-13 11:29
Superannuation is a large component of building long-term wealth and retirement planning. Self-managed super funds are becoming increasingly popular as the investment structure for those who… Read More
2021-06-13 11:15
Bankruptcy is a legal process which an individual can apply for if they are unable to pay their debts on time. Bankruptcy provides temporal relief to the bankrupt individual so they may addr… Read More
2021-06-13 11:01
The Fair Work Commission (“FWC”) has made a landmark ruling that could see more drivers and delivery workers in gig economy being given rights as employees instead of independent… Read More
2021-06-02 01:18
A divorce recognises, by law, the termination of a relationship and the end of legal responsibilities partners owe to one another. It often involves making arrangements in relation to proper… Read More
2021-05-16 05:38
The ancient doctrine of res judicata still resonates in Australian courts today. Res judicata is a Latin phrase that translates to “a matter decided” and refers to the preclusion… Read More
2021-04-09 23:18
Court orders are the legally binding declarations made by judges which fulfil the purpose of resolving a dispute and outlining the obligations which each party must perform. Family Law proce… Read More
2021-04-08 21:23
The courts have reaffirmed the importance of seeking independent legal advice and assistance regarding the execution of Binding Financial Agreements (BFA) or other property arrangements when… Read More
2021-03-19 06:27
Heritage-listed homes offer a unique glimpse into Australian history and are often filled with beauty and character. Despite the antiquity and romantic features of these homes being a point… Read More
2021-03-18 06:21
Fraudulent activities, including identity theft or credit card theft are some of Australia’s most common crimes. As a victim of fraud, you may experience an unexpected dip in credit sc… Read More
2021-03-14 10:43
The Fair Work Commission has reaffirmed the importance of employers complying with consultation requirements when making employees redundant, even during Covid-19. Failure to consult with an… Read More
2021-03-09 22:00
It is not uncommon for people to meet their partner in the workplace or employ their spouse or partner in their small business to provide additional support and reduce labour costs. What wou… Read More
2021-03-09 06:00
A trade mark that distinguishes one trader’s goods from another is a valuable asset, however a recent Federal Court case concerning craft beer has demonstrated that registered trade ma… Read More
2021-03-09 05:26
Divorce or separation has a significant impact on all members of the family, including our beloved pets. Approximately 61% of Australian households have at least one pet, and in the event of… Read More
2021-03-08 04:26
When you discover a building defect on your property, your first reaction may be to pursue an action against the builder contracted to complete the work. But what if your builder goes into l… Read More
2021-02-10 04:41
The term ‘consumer’ carries with it broad connotation of individuals who purchase goods and services, usually for a relatively low sum. However, with the new Australian Consumer… Read More
2021-02-09 22:00
New infrastructure in Sydney is continuously being developed to keep up with the demands of a growing population. To build such infrastructure, a public authority – such as the New Sou… Read More
2021-02-09 01:58
The advantage of registering a trade mark is that it confers far more benefits than registering a business name, company name or domain name. Marketing is an important business tool, and a r… Read More
2021-02-08 06:32
Workplace surveillance and email monitoring have become the norm in organisations across Australia. However, many employees still do not understand their obligations or their rights when it… Read More
2021-02-06 17:19
A trade mark (or “mark”) is a way of identifying a unique product or service. It can include a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packagi… Read More
2021-02-02 22:00
For a long time, the ‘Great Australian Dream’ has been to own property. It is usually the largest asset you will own and provides you with a sense of freedom. However, this could… Read More
2021-02-01 22:00
Conveyancing is the process involving the transfer of legal title of real estate from one person to another. The conveyancing process is designed to ensure that the buyer… Read More
2021-01-27 22:00
It is important to understand exactly what is meant by the term ‘defect’, how a contractual ‘defects liability period’ works in practical terms and also whether there… Read More
2021-01-21 22:00
Partnerships involve two or more people who are in business together and share ownership of the assets and liabilities of the business. Partnerships can come to an end for many reasons… Read More
2021-01-21 03:34
The government has introduced the Federal Circuit and Family Court of Australia Bill 2019 in order to structurally reform the Federal Circuit Court and Family Court of Australia, both of whi… Read More
2021-01-21 03:21
When ex-partners come to an understanding in terms of settling financial matters upon separation, there are two key ways to finalise this agreement in a legally binding way. These are &lsquo&hell…Read More
2021-01-21 01:27
Covid-19 continues to disrupt business operations, creating an uncertain environment for business owners to trade within. In response to the drastic impact of Covid-19 on the Australian econ… Read More
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